16th Judicial Circuit Court, Kane County Filing Timing and Cure Windows

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Civil cases

All proposed orders shall be e-filed on the same date that the case was heard. Cases where no order was submitted may be dismissed for want of prosecution.

Summary: Proposed orders must be e-filed on the same date as the hearing.

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Civil cases

Motions to compel compliance with discovery rules or orders, to request relief, or protective orders relative to discovery rules or orders, shall be scheduled to assure hearing prior to any date(s) or deadlines that may be affected by the motions or requests.

Summary: Motions to compel discovery compliance, request relief, or protective orders must be scheduled for hearing before any affected dates or deadlines.

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Civil cases

Motions in Limine. Motions in limine shall be in writing and shall be presented to the Court no later than the final pre-trial conference as provided in Local Rule 6.23, above. The Court, in its discretion, may consider motions in limine presented thereafter if it determines that the grounds became known subsequent to the deadline or for other good cause. All orders on motions in limine shall be reduced to writing by movant's counsel and presented to the Court for signature prior to voir dire examination in jury cases and opening statements in bench cases.

Summary: Motions in limine must be presented by the final pre-trial conference; orders on motions in limine must be written by movant's counsel and presented for signature before voir dire (jury) or opening statements (bench).

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Civil cases

The receiver shall file the first report at the time of filing the inventory and additional reports annually thereafter. Special reports may be ordered by the Court and a final report shall be filed upon the termination of the receivership.

Summary: Receivers must file first report with inventory, annual reports thereafter, final report on termination.

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Civil cases

Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in writing indicating whether or not an agreement was reached by the parties.

Summary: Mediator must file a written report with the court within 14 days after termination of mediation.

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Civil cases

Upon settlement of any mediation case, the attorney for plaintiff, or the plaintiff if self-represented, shall immediately notify the judge assigned to the case in writing, and shall submit the written settlement or other dispositive order on or before the scheduled mediation conference date.

Summary: Settlement order must be submitted by mediation conference date.

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Civil cases

Deadline

5 business days

The filing party shall make those signed originals available for inspection by the Court, the Clerk or by other counsel, or pro se party in the case, upon five (5) business day notice. At any time, the clerk may request from the filing party a hard copy of an electronically filed document which shall be provided within five (5) business days upon reasonable notice.

Summary: Signed originals of e-filed documents must be provided for inspection within 5 business days of notice; hard copies requested by clerk must be provided within 5 business days.

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Civil cases

Required

Always ?

Any document filed electronically shall be considered as filed with the Clerk upon review and acceptance, and the transmission has been completed with the Clerk's electronic filing stamp.

Summary: Electronic documents are deemed filed with the Clerk upon review, acceptance, and completion of transmission with the electronic filing stamp.

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Civil cases

Required

Always ?

The transmission date and time of transfer shall govern the electronic filing mark. Pleadings received by the Clerk before midnight on a day the courthouse is conducting court shall be deemed filed that day. If filed on a day the courthouse is not conducting court, the document will be deemed filed the next business day.

Summary: Electronic filing mark uses transmission date/time; pleadings received before midnight on court days deemed filed that day, else next business day.

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Civil cases

An attorney's renewal shall be made on or before May 30 of each year.

Summary: Attorneys on the approved Guardian ad Litem, Attorney for Child, or Child's Representative list must renew their application by May 30 annually.

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Civil cases

The Court and Clerk shall not be liable for malfunction or errors occurring in electronic transmission or receipt of electronically filed or served documents.

Summary: The Court and Clerk are not liable for malfunctions or errors in electronic transmission or receipt of e-filed or e-served documents.

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Civil cases

If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the vendor or (3) rejection by the Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

Summary: Court may allow retroactive filing for e-filings not filed due to transmission errors, vendor failures, Clerk rejection, or service list errors, upon satisfactory proof.

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Civil cases

Deadline

15 calendar days ?

Where discovery is a matter of right or where a party has been granted leave to engage in discovery pursuant to Supreme Court Rules 222 or 287 or such discovery shall be automatically cut off fifteen (15) days prior to trial or arbitration.

Summary: Discovery automatically cuts off 15 calendar days prior to trial or arbitration.

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Civil cases

Deadline

30 calendar days ?

No counterclaim, cross-claims, intervenor suits or third-party complaints may be filed within thirty (30) days prior to trial, except upon order of court and for good cause shown.

Summary: Counterclaims, cross-claims, intervenor suits, and third-party complaints may not be filed within 30 days prior to trial except by court order for good cause.

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Civil cases

Deadline

60 calendar days ?

Any motion not scheduled for hearing and heard by the court within sixty (60) days from the date it was filed will be deemed a nullity and may be stricken without notice.

Summary: Motions not scheduled for hearing within 60 days of filing are deemed nullity and may be stricken without notice.

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Civil cases

Deadline

90 calendar days ?

All case or claim dispositive motions, other than those arising during trial, will be filed and noticed for setting no later than ninety (90) days before the designated trial date except by leave of court upon good cause shown.

Summary: Dispositive motions (except during trial) must be filed and noticed no later than 90 days before trial date, except with leave for good cause.

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Civil cases

Deadline

60 calendar days ?

Motions for substitution of a judge as a matter of right must be filed not later than sixty (60) days before the designated trial date except where the judge to whom the case was originally assigned is succeeded by another judge within sixty (60) days of the trial.

Summary: Substitution of judge motions as of right must be filed no later than 60 days before trial date, except if judge is succeeded within 60 days of trial.

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Civil cases

Deadline

7 calendar days ?

In actions in which a settlement conference is held, the attorney for the plaintiff and the attorney for the defendant shall prepare a written settlement conference memorandum and shall deliver a copy to the judge and all counsel of record at least seven (7) days in advance of the settlement conference.

Summary: Settlement conference memoranda must be delivered to the judge and all counsel at least 7 days before the settlement conference.

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Civil cases

Deadline

30 calendar days ?

Any motions in limine requiring examination of documents, affidavits or depositions, or involving issues requiring briefing, shall be filed, served, and scheduled so as to be heard by the Court no less than thirty (30) days in advance of trial.

Summary: Motions in limine requiring document review or briefing must be filed, served, and scheduled for hearing at least 30 days before trial.

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Civil cases

Deadline

30 calendar days ?

No later than thirty (30) days after his/her appointment, the receiver shall file with the Court a detailed report and inventory of all property, real or personal, of the estate and designating the property within his/her possession or control. Unless the Court orders otherwise, the receiver shall file with the inventory a list of the then known liabilities of the estate.

Summary: Receivers must file a detailed report and inventory with the court within 30 days of appointment.

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Civil cases

Plaintiff shall file an initial Rule 222 Disclosure Statement with the Circuit Court Clerk not later than the case’s initial return date. Thereafter, defendant shall file an initial Rule 222 Disclosure Statement with the Circuit Court Clerk not later than twenty-eight (28) days after their first appearance, in conjunction with a written answer and appearance, or as otherwise ordered by the Court.

Summary: Plaintiff must file initial Rule 222 Disclosure Statement by the initial return date; defendant must file within 28 days of first appearance.

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Civil cases

The panel shall render its decision and enter an award on the same day as the hearing. The Chairperson shall present the award to the Arbitration Administrator, who shall then file the same with the Circuit Court Clerk.

Summary: Arbitration award must be filed by the Arbitration Administrator with the Circuit Court Clerk on the same day as the hearing.

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Civil cases

Deadline

60 calendar days ?

The representative of an estate under supervised administration or the guardian of the estate of a minor or disabled adult shall be required to file an inventory within sixty (60) days after the issuance of Letters Testamentary, Letters of Administration or Letters of Guardianship, 755 ILCS 5/14-1.

Summary: Supervised estate representatives and guardians must file inventory within 60 days of receiving Letters Testamentary, Administration, or Guardianship.

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Civil cases

Deadline

60 calendar days ?

A supplemental inventory shall be required to be filed within sixty (60) days after additional real or personal property comes to the attention of the representative.

Summary: Supplemental inventory must be filed within 60 days of representative learning of additional estate property.

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Civil cases

Deadline

30 calendar days ?

the final accounting shall be presented within thirty (30) days after the termination of the guardian’s office.

Summary: Guardians must present final accounting within 30 days of termination of their office.

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Civil cases

If the representative or his/her attorney waives the mailing or delivery of a copy of the claim, the time for filing pleadings is thirty (30) days after the waiver or the filing of the claim, whichever is later.

Summary: Pleadings filing deadline is 30 days after waiver of claim copy mailing/delivery or claim filing, whichever is later.

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Civil cases

Deadline

14 calendar days ?

If mediation has been court ordered and not initiated by stipulations of the parties, a party may move within fourteen (14) days after the Order of Referral, to dispense with mediation if: (1) The issue to be considered has been previously mediated between the same parties; or (2) The issue presents a question of law only; or (3) Other good cause is shown

Summary: Motion to dispense with mediation must be filed within 14 days after the Order of Referral.

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Civil cases

Deadline

14 calendar days ?

Unless otherwise agreed to by the parties and approved by the court, all Rules shall be returnable not less than fourteen (14) days and no more than thirty (30) days from the date of issuance.

Summary: Rules to Show Cause must be returnable 14 to 30 days from issuance unless parties agree and court approves.

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Civil cases

Deadline

30 calendar days ?

Unless waived by the court, within thirty (30) days of the date of prove-up, a transcript of the proceeding shall be prepared and filed with the circuit clerk by the assigned court reporter.

Summary: Court reporter must file prove-up transcript within 30 days of prove-up unless waived by court.

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Civil cases

Deadline

30 calendar days ?

Absent a court order for good cause or agreement by the parties to the contrary, all discovery shall be concluded thirty (30) days prior to trial.

Summary: All discovery must be concluded 30 days prior to trial unless court order for good cause or party agreement.

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Civil cases

Failure to bring timely motions or to comply with Supreme Court Rule 201(k) may preclude relief.

Summary: Failure to file timely motions or comply with Supreme Court Rule 201(k) may result in preclusion of relief.

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Civil cases

Deadline

7 calendar days

All individuals expected to participate in mediation sessions must complete intake forms and submit them to the Program Administrator within seven (7) calendar days of entry of the Order to Mediation.

Summary: Individuals must complete and submit intake forms to the Program Administrator within 7 calendar days of entry of the Order to Mediation.

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Civil cases

Deadline

120 calendar days ?

The evaluation should be concluded and the report submitted to the court and the parties within one hundred and twenty (120) days of the appointing order.

Summary: 604.10(b) evaluation reports must be submitted to the court and parties within 120 days of the appointing order.

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Civil cases

All documents that are required to be maintained and preserved must be kept for one (1) year after the appellate process has been completed.

Summary: Documents required to be maintained must be kept for 1 year after the appellate process is completed.